ZXC v Bloomberg LP

ZXC v Bloomberg LP

A person under criminal investigation by a law enforcement body has, in general, a reasonable expectation of privacy in that fact and related details prior to being charged. The publication of confidential information from a Letter of Request concerning the investigation was not justified by the public interest in this case, and the Claimant’s Article 8 rights outweighed Bloomberg’s Article 10 rights. The appeal was dismissed, upholding the injunction and damages awarded for misuse of private information.

Parties
Respondent (claimant): ZXC; Appellant (defendant): Bloomberg L.P.
Jurisdiction
England and Wales
Judgment Date
15 May 2020
Procedural Posture
Civil Appeal / Appeal From Queen’s Bench Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Misuse of Private Information, Reasonable Expectation of Privacy, Freedom of Expression, Confidentiality, Police Investigations, Article 8 ECHR, Article 10 ECHR
Media Law Privacy Law Human Rights Misuse of Private Information Reasonable Expectation of Privacy Freedom of Expression Confidentiality Police Investigations +2 more

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Parties

ZXC

Respondent (claimant)

Bloomberg L.P.

Appellant (defendant)

Procedural Posture

Civil Appeal / Appeal From Queen’s Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether a person under criminal investigation has a reasonable expectation of privacy in that fact and related details prior to charge
  2. 2 Whether publication of confidential information from a law enforcement body’s investigation is justified by public interest and freedom of expression

Ratio Decidendi

A person under criminal investigation by a law enforcement body has, in general, a reasonable expectation of privacy in that fact and related details prior to being charged. The publication of confidential information from a Letter of Request concerning the investigation was not justified by the public interest in this case, and the Claimant’s Article 8 rights outweighed Bloomberg’s Article 10 rights. The appeal was dismissed, upholding the injunction and damages awarded for misuse of private information.

Court Disposition

Appeal dismissed

Orders

  • Injunction restraining further publication of information identifying the Claimant as the subject of the criminal investigation upheld
  • Damages award for breach of privacy rights upheld